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Arkansas Marriage Records

Arkansas has one of the highest marriage rates in the United States. At 7.9 marriages per 1,000 residents in 2022, the state's marriage rate was higher than the national average, which stood at 6.2 per 1,000 total population that year, according to National Center for Health Statistics (NCHS) reports. Per Section 9-11-101 of the Arkansas Code Annotated, a marriage is a civil contract between two parties in the state to which the consent of both parties is necessary. In other words, both parties must be willing to marry themselves willingly without any external influence.

Under state law, the minimum age to get married in Arkansas without parental consent is 18 years. However, anyone who has attained the full legal age of 17 years is legally capable of contracting marriage in the state, but the consent of their parent or legal guardian is required for the marriage. Arkansas prohibits incestuous marriages, and severe penalties are awarded to anyone who enters into such marriages.

In Arkansas, marriages are registered after the marriage ceremonies are conducted. Typically, two individuals who intend to get married to each other must obtain a marriage license from any county within the state. After getting the license, they will use it to get married in a marriage ceremony performed by an approved officiant, after which the marriage license must be returned to the issuing county office for registration. After registration, every information about the marriage goes into the state's marriage records, which are considered public documents or records. Arkansas marriage records are available at the state's Department of Health, Vital Records Division. County clerks' offices also maintain copies of marriage certificates for marriage licenses issued from their offices.

What are Marriage Records?

Arkansas marriage records are documents containing details about marriages registered and recorded within the state. Typically, they are created from the documents and information provided by people who intend to get married while filing to obtain marriage licenses from the county clerks. All other information and documents generated during marriage ceremonies and after returning marriage licenses to the issuing county clerks for registration are also a part of Arkansas marriage records. The information included in a typical marriage record includes the following:

  • The name of both parties in the marriage at the time of getting married
  • The location and date of the marriage
  • The residence address of both parties before marriage
  • The name of the marriage officiant

Marriage records exist for many reasons. In Arkansas, they are a valuable source of accurate information about recorded marriage events within the state boundaries, which may be used for several purposes. For instance, as a vital part of a couple's history, marriage records contain a wealth of information for genealogy research. They document facts about people in a particular location and time and provide comprehensive details about their marriage and their families. Also, marriage certificates, which are a part of marriage records, serve as a tangible representation of the vows a couple made to each other and an emblem of commitment to each other. Marriage records help keep records of everyone married in a particular jurisdiction. So, a couple that gets into an irreconcilable dispute and wishes to get a divorce needs proof of marriage.

Per the Arkansas Freedom of Information Act, every member of the public may access public records of government agencies, including marriage records, because they are considered public documents. Arkansas marriage records are kept on file by the Vital Records Office of the state's Department of Health and may be accessed by interested persons under Section 20-18-305 of Arkansas Code Annotated (ACA) 

Marriages in Arkansas

The number of Arkansans getting married is more than in several other states in the United States. While the state's marriage rate has generally trended downward over the last two decades, it has remained one of the states with the highest marriage rate yearly. According to the National Center for Health Statistics, Arkansas saw 7.9 marriages per 1,000 people in 2022, ranking the 6th state with the highest number of marriages nationally. Like its marriage rate, the state also has higher divorce rates than most states. In 2022, Arkansas had 3.5 divorces per 1,000 total population, making it the 3rd state with the highest number of divorces in the U.S. This was higher than the national average of 2.4 divorces per 1,000 people that year.

Considering Arkansas's marriage rate by race, the White (non-Hispanic) community in the state has the highest number of married people at 54.32%. Similarly, 57.82% of the Asian (including Hispanics) population are married, while the percentage of White Hispanics who are married in the state is 52.34%. Also, 38.72% of the mixed (including Hispanic) race demographic are married. The Black community (including Hispanics) in Arkansas has the lowest number of married people, at only 28.82%. On average, men marry at the age of 28.1 in the state, while the average marriage for women is 26.2 years. According to reports, about 48% of women aged 15 years and older are married in Arkansas, while the percentage of men in this age group who are married stands at 52%.

Arkansas frowns on incestuous marriages. Per Section 9-11-106 of the state's Code Annotated, incestuous marriages are all marriages between children and parents. They include the following:

  • Marriages between sisters and brothers of the whole or half-blood
  • Marriages between grandparents and grandchildren of all degrees
  • Marriages between aunts and nephews
  • Marriages between nieces and uncles
  • Marriages between first cousins
  • Marriages between illegitimate children and relations

According to state law, these marriages are void, and whoever contracts such or knowingly solemnizes such unions may be deemed guilty of a misdemeanor. Such a person may be fined or imprisoned upon conviction.

Typically, the minimum age for getting married in Arkansas is 17. As stated in Section 9-11-103 of the ACA, two persons who apply for a marriage license and one or both parties are younger than 18 years but older than 16, and the female is pregnant may do the following:

  • Appear before the judge of the Circuit Court in the district where they intend to obtain the marriage license.
  • Provide proof of the pregnancy through a certification from a physician practicing in Arkansas. Both parties will also need to present their birth certificates.

The judge will enter an order directing and authorizing the county clerk to issue them a marriage license if, upon considering the presented proof and other facts, they determine it is in the parties' best interest to get married. The county clerk will file a copy of the court order with all other papers, and it becomes a part of the marriage records.

How To Get Married in Arkansas

Before two individuals can officially get married in Arkansas, they must first get a marriage license, regardless of whether they reside in the state or choose Arkansas for a destination wedding. A marriage license may be obtained from any county within the state and is only valid in Arkansas. This means a would-be couple may get a marriage license in a county and get married in another county within the state. A couple will have to decide if they want a regular or covenant marriage license, depending on their plans for their future union.

Parties seeking a covenant marriage license are required to attend premarital counseling before their marriage ceremony. In addition, they will have to declare their intent for a covenant marriage on their marriage license application and execute a Declaration of Intent. The Declaration of Intent will contain the following:

  • An Affidavit stating both parties have received approved counseling highlighting the purpose, nature, and responsibilities of marriage
  • A Recitation completed and approved by both parties
  • An Attestation completed and signed by the counselor stating that the parties were counseled by an authorized counselor

The Affidavit, Recitation, and Attestation will be filed when the covenant marriage license is issued. However, having a covenant license also means that a couple must meet a marriage counselor if they ever consider terminating their union.

Regardless of the type of marriage license, both parties to a future marriage must appear together at the office of the county clerk to apply for and secure a marriage license in Arkansas. In Arkansas, a blood test or proof of residency is not required to get a marriage license. Generally, both parties require a valid government-issued photo ID, such as a passport, driver's license, or military ID, bearing their correct names and date of birth. Where one of the party's names has changed due to a divorce and their ID does not reflect the current name, they must provide a certified copy of the divorce decree to the county clerk. Note that the decree must specify that the person's name has been restored to their original name.

An Arkansas marriage license is only valid for 60 days after issue. Typically, applicants who are at least 18 years old will receive their license on the same day they apply and may get married that day. There is no waiting period, and no witness is required. However, because of its limited validity period, a couple must marry in a marriage ceremony as approved by state law within 60 days of obtaining a marriage license in Arkansas. Per Section 9-11-213 of the state's Annotated Code, the following individuals may solemnize marriage ceremonies in Arkansas:

  • An ordained priest or minister of any religious denomination or sect
  • The Governor
  • Any official appointed for solemnizing marriages by the quorum court of the county where a marriage is to be solemnized
  • A former Supreme Court justice
  • An elected district court judge and a former district or municipal court judge who served for at least 4 years
  • A justice of the peace or a former justice of the peace who served at least two years since the passage of Amendment 55 (Arkansas Constitution)
  • The current mayor of any town or city or a former mayor of the first or second class who served at least 5 years as mayor
  • Any judge of the courts of record in Arkansas, including a former judge of a court of record who served at least 4 years

After the marriage ceremony, the couple must return the completed and signed marriage license to the issuing county clerk's office within 60 days of obtaining the marriage license. The county clerk will process the request and mail the original document to the couple.

Arkansas Marriage Certificate

An Arkansas marriage certificate is a legal document issued as proof of marriage by county clerks after marriage ceremonies in line with state law. It typically contains information such as the name of the married spouses, the date of the marriage, the location of the marriage, and the marriage ceremony officiant's name. A marriage certificate is different from a marriage license. While a license is issued before a marriage, a certificate is issued after a marriage ceremony. There can never be a marriage certificate without a marriage license.

In Arkansas, the county clerk's office that issued marriage licenses typically keeps copies of marriage certificates for all licenses it issues. Similarly, interested individuals may retrieve copies of marriage certificates from the state's Vital Records Office. 

How To Find and Access Arkansas Marriage Records

Arkansas marriage records are available at the county clerk's offices and the state's Vital Records Office and may be accessed online or offline.

Accessing Arkansas Marriage Records Offline

Arkansas marriage records may be accessed and obtained from the state's Vital Records Office in person or by mail. For a mail application, the requester must complete the Marriage Coupon Application Form and mail it with a copy of an acceptable ID and a $10 check or money order to the Department of Health at:

Arkansas Department of Health

Vital Records, Slot 44

4815 West Markham Street

Little Rock, AR 72205

The check or money order should be made out to the Arkansas Department of Health. In addition to mail delivery, the Vital Records Office typically processes mail applications for marriage records within 14 days.

Interested persons may also request Arkansas marriage records in person from the Department of Health by visiting any of the local Health Units or the Vital Records Office in Little Rock. In-person applicants will also complete the Marriage Coupon Application Form and pay the applicable fees upon arrival at the office, which is typically open Monday through Friday, 8:00 a.m. to 4:30 p.m. The Department accepts cash, checks, credit or debit cards, or money orders as payment methods for in-person applications. Most Arkansas marriage records requests made in person are fulfilled on the same day for requesters who arrive before 4:00 p.m. Anyone arriving after 4:00 p.m. must return to pick up their request the next day or have it mailed.

County clerks' offices may also attend to marriage records requests made in person or by mail for records of marriage licenses secured from their offices. Interested persons should first contact the county clerk's office before making their requests.

Accessing Arkansas Marriage Records Online

Applications for Arkansas marriage records may be made online using the Department of Health's Vital Records Online Service. Requests made online typically take 7 to 14 business days from the day the requests are approved. A requester will need a credit card and a valid driver's license or any two forms of alternate identification cards to make their requests. It is also possible to order an Arkansas marriage record from the state's Department of Health by phone toll-free at (866) 209-9482. The Check Order Status allows requesters to check the status of the orders they have placed with the Vital Records Office.

 

Reference


Counties in Arkansas